Former Sub-Postmaster Maintains Innocence Amidst New Developments in Post Office InquiryĀ
Ex-prisoner Tony, who was convicted of the manslaughter of his wife in November 1996 while being sub-postmaster, Robin Garbutt, claims he needs a new trial due to the new evidence which have been revealed in the Post Office Inquiry. Garbutt was convicted in 2011 of the murder of his wife at the coupleās house in North Yorkshire the year before but has always protested his innocence since the trial.
What is the Context of the Case?
It is with dismay that we could deduce that the Horizon IT system and the Post Office formed substantial supporting evidence through which Garbutt was convicted. He was accused of stealing from his branch, faking his robbery, and murdering Diana to conceal his misdeed. It is clear that the prosecution sought to show the jury that he acted out of desperation āIt was pretty much a depiction of an animal being hunted,ā the legal expert explained.
Garbuttās legal team has now filed a similar application with the Criminal Cases Review Commission (CCRC) claiming that the case should be heard again in the court of appeal. This new review has been supported by former Post Office Minister Kevin Hollinrake MP insisting on the need for justice. āI canāt make an informed guess whether Robin Garbutt is guilty or innocent of the charges but I believe given current affairs we all wish those who are in the justice system to be given fair hearings.ā
What happened during Crime and Trial?
Diana Garbutt was discovered unconscious in the kitchen, and the couple ran a post office and newsagents in Melsonby, North Yorkshire, in 2010. This had left the worst parts of her body so injured as she had been attacked over the head with a metal bar while still in bed. As if that was not enough, Garbutt proceeded to argue to the police that they had been robbed made with dangerous weapons. He told of the grim experience in which a man held him at gunpoint and ordered him to open the Post Office safe and hand over Ā£16,000 to him before he grabbed a gun and rushed upstairs only to find his wife dead.
Nevertheless, the jury did not believe Garbuttās story. The prosecution accused him of orchestrating the robbery and stealing money from his branch. He claimed that he killed Diana because he feared that he would be exposed. āGarbutt was practically bankrupt and you both had your problems in your relationship,ā the prosecutor said during the trial.
It raised an unusual question ā why was there so little physical evidence?
More importantly, there were no materials that would have pointed specifically to Garbutt as the murderer. Thus, a considerable amount of the prosecutionās case was based on data Horizon produced and the Post Officeās take on it. This case is slightly different from many others related to the sub-post managers, as here no fraud concerning money is mentioned.
As the papers show, the prosecution argued that Garbut tried to cover the stolen money through the deception of Post Office cash which he held in his safe. They accused him of demanding more money than was due and that while Ā£16,000 claimed to be in the safe on the morning of the murder had gone missing.
The Post Office produced two of its employees who testified against him using data from Horizon’s computer system. A correspondence investigator insisted that the sum of money Garbutt had applied for to support his branch account showed impropriety.
What New Trends can be identified?
Given the revelations from the ongoing public inquiry CCM had about the Post Office scandal, Garbuttās lawyers will today seek to submit expert evidence in which it will be contended that the critical Horizon-related evidence is untrustworthy. Since the original trial there is fresh evidence as well as other important developments and therefore the conviction of Mr. Garbutt cannot be characterized as safe, said Martin Rackstraw, solicitor of Russell-Cooke, who has been representing Garbutt alongside James Sturman KC for several years.
Nevertheless, Dianaās mother has come out openly and supported Garbutt. saying that he is just making up stories to be associated with the Horizon bandwagon. However, Garbuttās supporters claimed that the man never got a proper trial and their side called for a proper review of the case.
What Has Been the Reason That These Former Appeals Were Rejected?
Garbutt has tried three previous times to convince the Criminal Cases Review Commission to reconsider his case. His latest application made in the year 2021 was that the Horizon system failed to understand, and that should have triggered reconsiderations. Nevertheless, the CCRC rejected this application based on the argument that the issues concerning the Horizon system, do not affect the credibility of the issues presented as evidence in his trial.
What do supporters believe about Garbuttās innocence?
āThis is the last chance towards success,ā, said Barry Conachy, Garbuttās friend and neighbor. : Nobody has ever thought he was guilty and we all are genuinely wishing this is what he needs to turn around a new leaf. So Robin has always maintained all along that he wasnāt stealing any money from the post office.
While the new appeal gets underway in Garbuttās case, the legal profession and everyone connected with the Post Office scandal eagerly await that micro spotlight to reveal the exact truth behind this sad story.
